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22 Nov 2023, 1:49 pm by Jared Scholtz
In Evrigard (Pty) Ltd v ENB Import And Export (Pty) Ltd and Another (57565/2021) [2023] ZAGPJHC 1014, the High Court granted judgment against a party who sought to utilise the common law protection against passing off of a mark that was not registered. [read post]
22 Apr 2016, 4:53 am
”Fearing that this reasoning might be applied to similar registrations, Cadbury initiated an action before the Registry, the decision of which was appealed and decided before the High Court in Cadbury UK Ltd v The Comptroller General of Patents Designs and Trade Marks [2016] EWHC 79 (Ch). [read post]
8 May 2018, 3:00 pm by Aurora Barnes
Savannah College of Art and Design Inc. 17-1316 Issue: Whether the scope of a federally registered service mark extends to unrelated goods bearing that service mark. [read post]
9 Jun 2010, 3:03 am by war
Food Channel Network Pty Ltd v Television Food Network GP [2010] FCAFC 58 (Keane CJ, Stone and Jagot JJ) [read post]
27 Dec 2023, 1:02 pm by Kevin Bercimuelle-Chamot
The issue was to determine whether the sale in a second-hand shop of cosmetic samples partially used or cosmetic products whose original packaging had been altered would amount to trade mark infringement.FactsOuest SCS sells various second-hand and brand-new goods under the Easy Cash banner in France. [read post]
19 Oct 2020, 9:17 am by Mat Brechtel (CA)
Last week, the Supreme Court refused leave to appeal in Ontario (Energy) v. [read post]
19 Oct 2020, 9:17 am by Mat Brechtel (CA)
Last week, the Supreme Court refused leave to appeal in Ontario (Energy) v. [read post]
21 Nov 2022, 12:30 am by Nedim Malovic
In those cases, it is sufficient that, in consequence of such use, the relevant class of persons actually perceive the goods or services, designated exclusively by the mark applied for, as originating from a particular undertaking.Accordingly, a registered trade mark that is used only as part of a composite mark or in conjunction with another mark must continue to be perceived as indicative of the origin of the goods at issue for that use to be… [read post]
6 Dec 2016, 1:32 am by Jani Ihalainen
While arguments can be thrown back and forth, a recent case in the Court of Appeal set to decide the criminal ramifications of the sale of 'grey' goods in the UK, on which the Court handed down its judgment early last month.The case of R v C & Ors dealt with a limited liability company that sold shoes and clothing, the operation of which included several different defendants. [read post]